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Reasons
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(영문) 광주지방법원 2020.08.19 2020고단764
강제추행
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was a third-class mentally disabled person with a severe intellectual disability in the middle do, and was in a state of weak ability to discern things or make decisions due to such intellectual disability and shock adjustment disorder.

[200 Highest 764]

1. At around 18:30 on January 14, 2020, the Defendant: (a) committed an indecent act by force against the victim, who was waiting for the signal at the crosswalk, following the victim D (M, 24 years old) who was waiting for the signal at the crosswalk in Gwangju North-gu, Gwangju; (b) the Defendant placed the victim’s breast at the crosswalks; and (c) made the victim’s chests by force.

2. Around 18:40 on January 14, 2020, the Defendant committed an indecent act by force against the victim on the road front of the F convenience point in Gwangju Northern-gu, following the victim G (n, a female, 30 years of age) who dried the crosswalk, thereby inserting his hand between the two arms of the victim, and only the lower part of the chest.

3. Around 08:30 on January 22, 2020, the Defendant committed an indecent act by force against the victim I (the 21-year old age), waiting for the bus, by driving the victim's left chests.

"200 Highest 2389"

4. On March 31, 2020, the Defendant found the Victim L (Gain, Gain and 23 years old) who walked on the road in front of the “KJJ in Gwangjubuk-gu, Gwangju, at around 12:58, and then committed an indecent act by force against the Victim due to the Victim’s side loss following the Victim’s back to the latter.

"200 Highest 3228"

5. On January 20, 2020, the Defendant committed an indecent act by force against the victim by inserting the victim N (name, n, age 24) who was walking his place in front of the Seo-gu M apartment commercial building, Seo-gu, Gwangju, about January 20, 202.

Summary of Evidence

【Fact-finding 1 to 3】 2020 Highest 764】

1. Defendant's legal statement;

1. Each police statement made to D, G, and I;

1. 112 Incident mediation table [the fact of No. 4 at the market]; 2020 Highest 2389];

1. Defendant's legal statement;

1. A statement made by the police with respect to L. (alias).

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